Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 897 - AT - Central ExciseRestoration of appeal - Ex-parte order passed - Held that:- It is seen that on 22.01.2014, these matters were listed at Sl.No.37, 38 and 39 and on the same date, there were some other matters also listed at Sl.Nos.10 to 15, in respect of which, Shri Bipin Garg was the Counsel and he had argued those matters. According to the appellant's Counsel, the matter was called at around 4 P.M. in the afternoon and at that time, since he had to go somewhere for some personal work, he had instructed his clerk to seek adjournment, as the brief of this matter had been received by him only a day before and he was not prepared to argue this matter. In this factual background, we are of the view that that there are genuine reasons for non-appearance of the appellant. On going through this order [2015 (10) TMI 1631 - CESTAT NEW DELHI], it is clear that not only the order is ex parte order passed without hearing the appellant - Since this is a non-speaking order passed ex parte and since from the facts on record, it appears that there were genuine reasons for inability of the Counsel for the appellant to argue this matter at that time, we deem it fit to recall this order. - Appeal restored.
|